Notice2022-09913
Certain Hot-Rolled Steel Flat Products From the Republic of Korea: Final Results of Countervailing Duty Administrative Review; 2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 9, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that producers/exporters of certain hot-rolled steel flat products (hot- rolled steel) from the Republic of Korea (Korea) received countervailable subsidies during the period of review (POR) January 1, 2019, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27570-27571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09913]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-884]
Certain Hot-Rolled Steel Flat Products From the Republic of
Korea: Final Results of Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
producers/exporters of certain hot-rolled steel flat products (hot-
rolled steel) from the Republic of Korea (Korea) received
countervailable subsidies during the period of review (POR) January 1,
2019, through December 31, 2019.
DATES: Applicable May 9, 2022.
FOR FURTHER INFORMATION CONTACT: Kelsie Hohenberger, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-2517.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this review on
November 4, 2021.\1\ On December 21, 2021, Commerce issued a post-
preliminary analysis relating to two programs.\2\ On February 25, 2022,
Commerce extended the deadline for the final results of this
administrative review until May 3, 2022.\3\ For a complete description
of the events that occurred since the Preliminary Results, see the
Issues and Decision Memorandum.\4\
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\1\ See Certain Hot-Rolled Steel Flat Products from the Republic
of Korea: Preliminary Results of Countervailing Duty Administrative
Review and Rescission in Part; 2019, 86 FR 60797 (November 4, 2021)
(Preliminary Results), and accompanying Preliminary Decision
Memorandum.
\2\ See Memorandum, ``Countervailing Duty Administrative Review
of Certain Hot-Rolled Steel Flat Products from the Republic of
Korea; 2019: Post-Preliminary Analysis Memorandum,'' dated December
21, 2021 (Post-Preliminary Analysis).
\3\ See Memorandum, ``Certain Hot-Rolled Steel Flat Products
from the Republic of Korea: Extension of Deadline for Final Results
of Countervailing Duty Administrative Review,'' dated February 25,
2022.
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of the 2019 Administrative Review of the
Countervailing Duty Order on Certain Hot-Rolled Steel Flat Products
from the Republic of Korea,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Scope of the Order
The product covered by this order is hot-rolled steel. For a
complete description of the scope of this order, see the Issues and
Decision Memorandum.
Analysis of Comments Received
We addressed all issues raised in interested parties' case briefs
in the Issues and Decision Memorandum accompanying this notice. A list
of the issues raised by parties, to which Commerce responded in the
Issues and Decision Memorandum, is provided as an appendix to this
notice. The Issues and Decision Memorandum is a public document and is
on file electronically via Enforcement and Compliance's Antidumping and
Countervailing Duty Centralized Electronic Service System (ACCESS).
ACCESS is available to registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://access.trade.gov/public/FRNoticesListLayout.aspx">http://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
After evaluating the comments received from interested parties and
record information, we have made certain changes to our analysis, but
have made no changes to the net subsidy rate calculated for Hyundai
Steel. For a discussion of these comments, see the Issues and Decision
Memorandum.
Methodology
Commerce conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs found countervailable, we find that there is a
subsidy, i.e., a government-provided financial contribution that gives
rise to a benefit to the recipient, and that the subsidy is
specific.\5\ For a description of the methodology underlying Commerce's
conclusions, see the Issues and Decision Memorandum.
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\5\ See sections 771(5)(B) and (D) of the Act regarding
financial contribution; section 771(5)(E) of the Act regarding
benefit; and section 771(5A) of the Act regarding specificity.
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Final Rate for Non-Selected Company Under Review
There is one company in this review that was not selected as a
mandatory respondent, i.e., POSCO. Because the subsidy rate calculated
for mandatory respondent Hyundai Steel was above de minimis and not
based entirely on facts available, we are applying that rate to POSCO.
This methodology for establishing the subsidy rate for the non-selected
company is consistent with our practice and with section 705(c)(5)(A)
of the Act.
Final Results of Administrative Review
We determine that, for the period January 1, 2019, through December
31, 2019, the following net countervailable subsidy rates exist:
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\6\ This company was also referenced as ``Hyundai Steel Co.,
Ltd.'' in the initiation notice. See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR 78990 (December 8,
2020).
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Subsidy rate
Company (percent ad
valorem)
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Hyundai Steel Company \6\............................... 0.56
POSCO................................................... 0.56
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Disclosure
Normally, Commerce discloses to interested parties the calculations
performed in connection with final results within five days of any
public announcement or, if there is no public announcement, within five
days of the date of publication of the notice of final determination in
the Federal Register, in accordance with 19 CFR 351.224(b). However,
because there are no changes from the Preliminary Results and Post-
Preliminary Analysis, there are no new calculations to disclose.
Assessment Rate
Pursuant to section 751(a)(2)(C), Commerce will determine, and U.S.
Customs and Border Protection (CBP) shall assess, countervailing duties
on all appropriate entries of subject merchandise in accordance with
the final results of this review. Commerce intends to issue assessment
instructions to CBP no earlier than 35 days after the date of
publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to collect cash deposits of estimated
countervailing duties in the amounts shown for the companies listed
above. For all non-reviewed firms, we will instruct CBP to continue to
collect cash deposits of estimated countervailing duties at the most
recent company-specific or all-others rate applicable to the company,
as appropriate. These cash deposits, when imposed, shall remain in
effect until further notice.
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Administrative Protective Order
This notice also serves as a final reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
written notification of the return/destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notice to Interested Parties
These final results are issued and published in accordance with
sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(5).
Dated: May 3, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Period of Review
V. Subsidies Valuation Information
VI. Analysis of Programs
VII. Discussion of the Issues
Comment 1: Whether the Korean Emissions Trading System (K-ETS)
Provides a Countervailable Benefit
Comment 2: How Commerce Should Value Korean Allowance Units
(KAUs)
Comment 3: Provision of Port Usage Rights at the Port of Incheon
Comment 4: Provision of Electricity from the Government of the
Republic of Korea (GOK)
Comment 5: Whether the Restriction of Special Taxation Act
(RSTA) and Restriction of Special Location Taxation Act (RSLTA)
Benefits Should be Combined for Determining Measurability
Comment 6: Whether the Reduction for Sewerage Usage Fees in the
City of Pohang is Countervailable
VIII. Recommendation
[FR Doc. 2022-09913 Filed 5-6-22; 8:45 am]
BILLING CODE 3510-DS-P
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